Friday, July 26, 2013

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS SPECIAL MEETING/PUBLIC HEARING OF MONDAY, JULThe Special Meeting/Public Hearing of the Zoning Board of Appeals was called to order at 6:36 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.




The following Board Members were present:

James Seaton, Chairman

Carol Goldberg, Vice-Chair

Ruth Beardsley, Member

Lisa Gaw, Member

Walter Briggs, Member

Margaret Foley, Alternate Member

Thomas Magda, Alternate Member



The following Board Member was absent or excused:

Ryan Shea, Alternate Member



Also present was: Isabel Kearns, Zoning Enforcement Officer





Chairman Seaton read the Special Meeting Notice and the Legal Notice into the public hearing record in regard to the application submitted by Robert Weidig for a locational approval for a motor vehicle dealer located at 87 Old Amity Road. Roll call was completed.



Chairman Seaton stated that the Board needs to rescind the approval which is on the Land Records for this property which was approved on April 8, 2013.



It was moved by Beardsley and seconded by Briggs to rescind the approval for Robert Weidig for the location of a motor vehicle dealer and repairer located at 87 Old Amity Road that was granted at the meeting of April 8, 2013, and was placed on the Land Records on May 1, 2013, Volume 194, Page 197.

Vote: 5 to 0.

Voting: Seaton, Goldberg, Beardsley, Briggs, Gaw.

Unanimous approval.



Chairman Seaton then moved on to the application that was submitted by Mr. Weidig for a location approval of a motor vehicle dealer only located at 87 Old Amity Road.



Chairman Seaton noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:

1) Exhibit 1A – Notice from Claire M. Jennings, owner of record – 87 Old Amity Road, dated July 19, 2013, Re: Permission for Robert Weidig to submit application and in agreement on rescinding the approval granted on April 8, 2013.







All members stated for the record that they visited the property and/or have a familiar background with the subject property.



Present to speak on behalf of the application was Robert Weidig, applicant. Mr. Weidig stated he needs this locational approval for a motor vehicle dealer only so that he can acquire his license from the State of Connecticut to tow vehicles. Mr. Weidig also stated he is mandated by the State of Connecticut to sell 3 cars per year to keep the towing license.



Isabel Kearns, Zoning Enforcement Officer, stated that she confirmed with the State of Connecticut Department of Motor Vehicles that Mr. Weidig does have to have approval for the motor vehicle dealer to be licensed as a towing business with the State of Connecticut.



The Board discussed the amount of cars to be allowed on the property with this approval. It was determined by the Board to limit the total to a maximum of eight cars on the property which combines the cars that are for sale and the storage of cars that are towed. Mr. Weidig was in agreement with this number.



Chairman Seaton asked if there were any public members who would like to speak in favor of the application. There were no comments.



Chairman Seaton asked if there were any public members who would like to speak in opposition of the application. There were no comments.



Board members proceeded to deliberate.



It was moved by Beardsley and seconded by Gaw to approve the application for motor vehicle dealer as amended with the eight car limitation at any given time for storage of towed cars or cars to be sold combined.

Unanimous approval.



Vice-Chair Goldberg mentioned the Board needs to state on the record the reasons for this approval.



It was moved by Beardsley and seconded by Goldberg to amend the motion as follows:



The Bethany Zoning Board of Appeals approves the application of Robert Weidig for the property located at 87 Old Amity Road and shown on Assessor’s Map #119, Lot #2 for Certificate of Approval for location of motor vehicle dealer with a limitation of no more than eight cars total on the property to be sold and/or stored for towing purposes at any given time.









Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings having given due consideration to the

proposed location of the proposed business in reference to schools, churches, traffic conditions, width of highway, and effect on public travel:

1) The record supports issuing the Certificate of Location approval.

2) The record before the Board demonstrates that the location is suitable for the business intended specifically the property is located in a Business and Industrial Zone and is not located near any schools, churches, theatres, playhouses or places of public gathering. The business will complement existing businesses.

Vote 5 to 0.

Voting for: Seaton, Goldberg, Beardsley, Briggs, Gaw.

Unanimous approval.





ADJOURNMENT



There being no further business to come before the Commission, it was moved by Briggs and seconded by Beardsley to adjourn the regular meeting at 6:52 p.m. Unanimous approval.



Respectfully submitted,





Antonia R. Marek, Clerk

For the Zoning Board of Appeals





Y 22, 2013
MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR


MEETING OF MONDAY, JULY 8, 2013 Page 1 of 5

The regular meeting of the Zoning Board of Appeals was called to order at 7:01 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.



The following Board Members were present:

Carol Goldberg, Member

Ruth Beardsley, Member

Lisa Gaw, Member

Walter Briggs, Member

James Seaton, Member

Thomas Magda, Alternate Member

Ryan Shea, Alternate Member



The following Board Member was absent or excused:

Margaret Foley, Alternate Member



Also present was: Isabel Kearns, Zoning Enforcement Officer

Kevin McSherry, Town Attorney



Member Goldberg stated that pursuant to Section 4 of the Zoning Board of Appeals Bylaws, the Board must elect officers for the term of July 1, 2013 to June 30, 2014.



ELECTION OF OFFICERS



It was moved by Briggs and seconded by Gaw to nominate James Seaton as Chairman for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.



It was moved by Seaton and seconded by Gaw to nominate Carol Goldberg as Vice-Chair for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.



It was moved by Beardsley and seconded by Gaw to nominate Walter Briggs as Secretary for the Zoning Board of Appeals for the 2013 to 2014 term. Unanimous approval.





MINUTES



It was moved by Goldberg and seconded by Beardsley to approve the minutes of the April 8, 2013, Regular Meeting with the following correction:

• Page 2, Second Paragraph – Reads “Isabel, Zoning Enforcement Officer,” Change to “Isabel Kearns, Zoning Enforcement Officer”.

Voting for: Goldberg, Beardsley, Gaw.

Abstained were: Briggs, Seaton for they were not present for the April 8, 2013 meeting.

Unanimous approval.







BILL



It was moved by Beardsley and seconded by Briggs to approve the payment of a bill for $105.00, dated July 8, 2013, from John McLeod for recording services for the public hearing (354 Downs Road).

Voting for: Seaton, Goldberg, Beardsley, Briggs, Gaw.

Unanimous approval.





PUBLIC HEARING – 354 DOWNS ROAD



At 7:06 p.m., Chairman Seaton opened the public hearing in regard to the application from Peter and Anne Simon for a 30-foot variance of the side yard setback to allow a 20-foot side yard setback for the construction of a two-bay detached garage located at 354 Downs Road. Roll call was completed. Chairman Seaton read the legal notice into the hearing record for the public hearing.



Chairman Seaton noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:

1) Exhibit 1A – Letter from South Central Connecticut Regional Water Authority, dated July 1, 2013, Re: No comment on review of application for 354 Downs Road.

2) Exhibit 1B – Submitted by the applicant, eleven pages of the Affidavit and Certificate of Mailing with attached green cards.

3) Exhibit 1C – Submitted by the applicant, copy of court case, Mildred Merlo v. Zoning Board of Appeals of Wethersfield, Caption Date: March 18, 1996.



Member Goldberg reviewed the procedure that would be followed to conduct the public hearing.



Member Beardsley mentioned she is friendly with the applicants, Anne and Peter Simon, but stated this will not interfere with her fairness and decision.



Chairman Seaton mentioned he has known the applicant for quite a few years and that this will not interfere with his fairness and decision.



Member Gaw mentioned she is a resident of Downs Road and an employee of the Regional Water Authority and that this will not interfere with her fairness and decision.



The following Board Members stated for the record that they visited the site or have a familiar background with the property: Seaton, Goldberg, Beardsley, Briggs, Gaw.











Present to speak on behalf of the application was Peter Simon and Anne Simon, applicants and owners of record and their daughter, Kate. Mr. Simon noted the following:

• Property is 1.6 acres.

• Property has surface water issues.

• Large boulder outcropping on property.

• Drainage ditch on north side of house.

• Septic system located on south side of house.

• Neighbor David Pilon of 344 Downs Road, did not pick up certified mailing of public hearing but personally spoke to Peter Simon and has no problem with proposed garage.

• Distributed copies of case from the Town of Wethersfield for a resident who needed a variance to construct a garage.



In discussion, some Board members noted:

• Large tree near proposed garage will be taken down.

• Shed (to be removed) that is located near proposed garage is less than 4 feet from the property line.



Chairman Seaton asked if there were any public members who would like to speak in favor of the application. There were no comments.



Chairman Seaton asked if there were any public members who would like to speak in opposition of the application. There were no comments.



There being no further discussion, at 7:43 p.m. Chairman Seaton closed the public hearing on the subject application.





87 OLD AMITY ROAD

• Application submitted by Robert Weidig for revision of previous location approval dated April 8, 2013, for motor vehicle dealer and repairer at 87 Old Amity Rd.



Discussion



Member Goldberg noted that the Zoning Board of Appeals decision was made April 8, 2013 to grant a location approval for a motor vehicle dealer and repairer and now Mr. Weidig is asking to rescind the repairer part of the approval.



Mr. Weidig stated that in the State of Connecticut in order to tow vehicles you have to be a motor vehicle dealer or repairer.







Town Attorney Kevin McSherry was present to advise the Board how this application should be handled.



Town Attorney McSherry stated that when Mr. Weidig applied in April 8, 2013, he over applied and should of only asked for motor vehicle dealer. When he received approval for both, motor vehicle dealer and repairer, he created an issue with the Planning and Zoning Commission because he is required to apply for a Special Exception Permit under the Bethany Zoning Regulations. Attorney McSherry stated that if only received a motor vehicle dealer approval, he does not need a Special Exception Permit and therefore, Attorney McSherry recommended that Mr. Weidig withdraw his application in front of the Board and resubmit an application with just the motor vehicle dealer only.

Also, Attorney McSherry stated that the property owner needs to rescind the previous ZBA approval dated April 8, 2013, in a letter and the letter should be filed on the Land Records.



It was moved by Beardsley and seconded by Gaw to waive the application fee for Robert Weidig on the next application he will be submitting for a location approval for a motor vehicle dealer only. Unanimous approval.



Mr. Robert Weidig submitted a letter to withdraw the application in front of the Board, dated June 21, 2013, requesting to rescind the motor vehicle repairer approved of April 8, 2013.



The Board scheduled a Special Meeting/Public Hearing date of July 22, 2013, at 6:30 p.m. to hear Mr. Weidig’s new application he will be submitting for a location approval for a motor vehicle dealer only.





DELIBERATION AND DECISION MAKING SESSION



354 Downs Road



Board members further discussed the application and proceeded to deliberate.



It was moved by Goldberg and seconded by Briggs that the Zoning Board of Appeals grants the application of Ann and Peter Simon for the property located at 354 Downs Road and shown on Assessor’s Map #130, Lot #30 for a variance of Sections 3.4 and 4.1.C. of the Bethany Zoning Regulations which variance is as follows:

• A 30-foot variance of the side yard setback to allow a 20-foot side yard setback for the construction of a two-bay detached garage.













This variance is granted subject to the following conditions:

1. The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner.



Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:



1) Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated. These conditions and circumstances are topography and the location of the septic system.

2) A strict and literal interpretation of the Zoning Regulations would deprive the property owner of rights commonly enjoyed by other properties in the same district.

Vote 5 to 0.

Voting for: Seaton, Goldberg, Beardsley, Briggs, Gaw.

Unanimous approval.





ADJOURNMENT



There being no further business to come before the Commission, it was moved by Gaw and seconded by Beardsley to adjourn the regular meeting at 8:10 p.m. Unanimous approval.



Respectfully submitted,





Antonia R. Marek, Clerk

For the Zoning Board of Appeals

MINUTES OF THE LONG TERM FINANCIAL PLANNING COMMITTEE MEETING OF TUESDAY, JUNE 18, 2013                                                                                                    Page 1 of 2The meeting of the Long Term Financial Planning Committee commenced at 7:45 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.




The following Committee members were present:

Steve Squinto, Chairman

Chip Spear

Sharon Huxley

James Stirling



Member Aileen Magda arrived at 8:20 p.m. and departed 8:25 p.m.



Also present were: Hiram Peck, Planning Consultant

Derry Gorski, First Selectman, who arrived at 8:20 p.m.





Agenda

• Continue preparing power point presentation.





Hiram Peck submitted updated draft on slides for June.



Member Huxley distributed and reviewed various graphs with analysis of debt service, expenditures and revenues. The Committee suggested condensing graphs to one slide.



Chair Squinto noted the following:

• What is the LTFPC recommending: Some kind of economic development that is town friendly and rural.

• Continuing to draw on general fund.

• The Grand List is not growing – shrinking – post Laticrete.

• Breaking even because debt service is going down.



Hiram Peck noted the following:

• Stated the phrase “What changes can we make to stay the same?”

• Suggesting an Economic Development Study or Marketing Study after presentation completed.



Chair Squinto summarized as follows:

• The presentation will take place in September 2013.

• Sharon will consolidate to one graph showing a constant revenue line and also show a 4% increase in spending.

• One slide with a bullet point summary of what the LTFPC learned:

 The Town will have to tap into the general fund for the next five years.

 At the rate we have to tap in the general fund, we might be below our 10% limit.

 Consequences of these few options:

o Raise taxes at an increased rate (survey indicated no).





o Cut school budget.

o Or actively engage in an Economic Development Committee.

o Assumptions are 550 for capital expenditures which means there will be a delay in key capital projects that need to be done.

o No change in capital expenditures for the next five years.



Hiram asked Committee members to send any comments they have on any of the slides.



The next meeting is scheduled for Thursday, July 25, 2013, at 7:30 p.m.



Derry Gorski, First Selectman, tentatively scheduled a date for a Town Meeting for the LTFPC presentation on Thursday, September 12, 2013.





Adjournment



There being no further discussion, the meeting was adjourned at 8:45 p.m.



Respectfully submitted,







Antonia R. Marek, Staff Support

For the Long Term Financial Planning Committee




MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF MONDAY, JUNE 24, 2013 Page 1 of 4



The regular meeting of the Inland Wetlands Commission was called to order at 7:37 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.



The following members of the Commission were present:

Alexandra Breslin, Chair, arrived at

Kristine Sullivan, Vice-Chair

Brian Smith, Member

Lisa Gaw, Member



The following member of the Commission was absent or excused:

Roger Hathaway, Member



Also present was:

Isabel Kearns, Inland Wetlands Enforcement Officer



It was moved by Smith and seconded by Gaw to add Application #1200 and #1201 to the agenda. Unanimous approval.



NEW BUSINESS



1. 74 Amity Road, Application #1200 submitted by Chemtura Corporation for an Inland Wetlands Permit for remediation of pesticides within wetlands, via soil excavation and removal –



The Commission formally received the application. Present to speak on behalf of this application was Russ Dirienzo, Principal Geologist of ARCADIS.



Mr. Dirienzo reviewed the proposed project noting:

• Proposal is to remove two feet of soil.

• Small quantities of chemicals tested in greenhouse and orchards.

• Basins were all cleaned out and installed a carbon filtration system.

• Water in swale not contaminated just the soil.

• Will invite Ron Walters of the Regional Water Authority to the next meeting.



In discussion, Commission members noted:

• Commission would like to visit the site.

• Estimated time to remove contaminated material will take two weeks.

• Best time to do this is in dry season.

• CT Remediation Standards of contamination are very low for the subject area.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, July 22, 2013. Tabled.





2. 1070 Amity Road, Application #1201 submitted by Third Garden Park Limited Partnership for an Inland Wetlands Permit for the installation of well and electric lines for new wells –



The Commission formally received the application. Present to speak on behalf of this application was Douglas Heroux, Director of Construction for Garden Homes Management Corporation.



Mr. Heroux reviewed the proposed project noting:

• The property owner is being mandated by the State of Connecticut to install this new well system for better water quality and this needs to be completed by September 1, 2013.

• There is no other access to the wells but to encroach on small wetlands area. (Skirting the outside of the wetlands.)

• Installing all new wiring to each well.

• Proposing a generator for the new system.

• Potential for ledge in path to south well.

• All wells are currently in place.

• It would take 2 to 2 ½ weeks to complete this project.



In discussion, Commission members noted:

• Applicant proposing silt fence and haybales for erosion controls.

• Commission would like to visit the site.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Monday, July 22, 2013. Tabled.





OLD BUSINESS



1. Discussion regarding Bethany West clearing. (Letter from Roman Mrozinski/Southwest Conservation District) – Tabled.



2. Show Cause Hearing regarding 290 Amity Road, Clement, Cease and Desist the cutting of trees in wetlands or upland review area – The Commission determined the tree cutting is not on the Clement property.



3. Continuation of Show Cause Hearing regarding 292 Amity Road, Gombos, Cease and Desist the cutting of trees in wetlands or upland review area –



Present for the continuation of the Show Cause Hearing was Steve Gombos of 292 Amity Road.



Members Breslin, Sullivan, Hathaway and Inland Wetlands Enforcement Officer Kearns visited the site on June 22, 2013.







In discussion, Commission members noted:

• At the site visit, Mr. Gombos showed us the area where he wants to plant and stated he will stay 15 feet away from the stream corridor.

• Mr. Gombos will be planting root vegetables.

• Mr. Gombos will be clearing less than an acre for planting.

• Soil is very rich.

• Expanding agricultural use of the property.



The Commission would like Mr. Gombos to put together a brief description of the area that he is clearing, the root crops he is planning on growing and the keeping away of the 15 feet along the brook and then the Commission can reply that they visited the site and have determined this is an agricultural use.



It was moved by Sullivan and seconded by Gaw that the Inland Wetlands Commission has determined that based on the site inspection and the field description provided by Mr. Gombos on the site inspection and submission of a marked up map and narrative describing that, the Commission agrees this is an as-of-right use to conduct the root crop planting in the subject area. The Inland Wetlands Commission Chair must proof the letter.

Unanimous approval.



Mr. Gombos will work with the IWEO on completing the letter for the Commission.





4. Discussion with David Puzone, regarding 33 Deerfield Lane, development of property –



Member Sullivan recused herself.



Chair Breslin stated that she is working with Isabel Kearns, IWEO, on drafting the letter to Mr. Puzone in regard to the Commission’s recommendation of placing a pipe under the driveway for the protection of the wetlands. Chair Breslin and Ms. Kearns will continue reviewing the file and preparing the letter to Mr. Puzone. Tabled.



5. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –Tabled.



6. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit – The Commission will schedule a site visit to revisit Anthony Court. Tabled.



7. Update on appeal submitted by James Woodward for 46 Mesa Drive – No update. Tabled.



8. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Member Sullivan will resend draft regulations. Tabled.



APPROVAL OF MINUTES



1. It was moved by Smith and seconded by Gaw to approve, as submitted, the minutes of the May 28, 2013, Regular Meeting.

Voting were: Breslin, Smith, Gaw.

Sullivan abstained for she was not present.

Unanimous approval.





PUBLICATIONS



1) The Habitat, A newsletter of the CT Association of Conservation and Inland Wetlands Commissions, Inc., Spring 2013.

2) Connecticut Wildlife, May/June 2013.





ENFORCEMENT OFFICER REPORTS

Isabel Kearns, IWEO, attended the DEEP 2013 Municipal Inland Wetlands Agency Continuing Education Training and provided pages of information to Commission members. Ms. Kearns reviewed the section of the Standard Conditions of an IW permit and suggested that the Commission needs to revise their Standard Conditions. The Clerk will email Standard Conditions to Commission members.





SCHEDULE SITE VISITS



The Commission scheduled a site visit for Sunday, July 7, 2013 at 8:00 a.m. Commission members to meet at the Town Hall parking lot and visit 74 Amity Road, 1070 Amity Road, and the west side of Anthony Court.





ADJOURNMENT



There being no further business to come before the Commission, it was moved by Smith and seconded by Gaw to adjourn the regular meeting at 9:15 p.m. Unanimous approval.



Respectfully submitted,







Antonia R. Marek, Clerk

for the Inland Wetlands Commission

MINUTES OF THE BETHANY INLAND WETLANDS COMMISSION REGULAR MEETING OF TUESDAY, MAY 28, 2013                                        APPROVED MINUTES ON JUNE 24, 2013




The regular meeting of the Inland Wetlands Commission was called to order at 7:33 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.



The following members of the Commission were present:

Alexandra Breslin, Chair

Brian Smith, Member

Lisa Gaw, Member

Roger Hathaway, Member



The following member of the Commission was absent or excused:

Kristine Sullivan, Vice-Chair



Also present was:

Isabel Kearns, Inland Wetlands Enforcement Officer





NEW BUSINESS



1. Discussion regarding Bethany West clearing. (Letter from Roman Mrozinski/Southwest Conservation District) –



The Commission received a letter from Roman Mrozinski, Southwest Conservation District, dated November 19, 2012, Re: Site Visit comments and recommendations for the Bethany West Park, 265 Beacon Road. The Commission members would like some time to review the letter. Tabled.



2. 74 Amity Road (Chemtura), Discussion with Russ Dirienzo of Arcadis-US regarding removal of pesticide impacted soils –



Present for this discussion was Russ Dirienzo, Principal Geologist of Arcadis-US. Mr. Dirienzo submitted a plan entitled, “Proposed Remediation in Outfall and Offsite Swale Area”, submitted May 28, 2013, prepared by Arcadis. Mr. Dirienzo reviewed the proposed project for the removal of contaminated material located at 74 Amity Road. Mr. Dirienzo also submitted four photographs of the subject area. Mr. Dirienzo stated he is working with the Regional Water Authority because the remediation area crosses over into the Regional Water Authority property.



A few of Mr. Dirienzo’s comments are noted as follows:

• Contamination caught up in the soil not the water.

• Area to be removed is 300 yards in the wetlands and 400 yards in the upland area.

• Will do work only when dry.

• Less than an acre to be disturbed.

• Signed an access agreement with the Regional Water Authority.



Mr. Dirienzo will submit an application for the next regular meeting on June 24, 2013.



3. Show Cause Hearing regarding 290 Amity Road, Clement, Cease and Desist the cutting of trees in wetlands or upland review area –



No one was present for the Show Cause Hearing. Isabel Kearns, Inland Wetlands Enforcement Officer stated the Town Attorney has discussed with her the conservation easement issue and will be preparing a response. The Commission received a letter from Isabel Kearns, IWEO, to Mr. Mrs. Alan Clement of 290 Amity Road, dated April 23, 2013, Re: Sample copy of a “Declaration of Conservation Restrictions” for filing on the Land Records.

Tabled.





4. Show Cause Hearing regarding 292 Amity Road, Gombos, Cease and Desist the cutting of trees in wetlands or upland review area –



Present for the Show Cause Hearing was Steve Gombos of 292 Amity Road. Mr. Gombos stated his intention is to farm all of his property and he submitted a trade name certificate that was filed on the Land Records stating that 292 Amity Road is called “Paradise Valley Farm”.



Mr. Gombos wanted to know the name of the anonymous caller that reported the tree cutting.



The Commission discussed the situation with Mr. Gombos and Chair Breslin stated the Commission would like to work with Mr. Gombos to resolve this matter.



Also, Chair Breslin asked Mr. Gombos if the Commission can do a site visit of the property. Mr. Gombos stated he had to speak to his wife and will let the Commission know.



Chair Breslin stated the Commission would like a rough plan of what he is proposing to do and will share this with the Inland Wetlands Enforcement Officer and in a few weeks the Commission will visit the property if allowed.

Tabled.





OLD BUSINESS



1. 251 Amity Road, Application #1196 submitted by Leon Putzig for an IW Permit to construct two decks, install new fencing, replace front steps and construct handicapped ramp –



No one was present to speak on behalf of this application.



Commission members discussed and proceeded to deliberate.



It was moved by Smith and seconded by Gaw to approve Application #1196 submitted by Leon Putzig for an Inland Wetlands Permit to construct two decks, install new fencing, replace the front steps and construct a handicapped ramp located at 251 Amity Road as presented in the application, testimony, and in accordance with the submitted plan entitled, “Town of Bethany, Geographic Information System, 251 Amity Road”, submitted April 2, 2013, with hand drawn markings prepared by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.



The reason the Commission approved this application is that if the applicant constructs the project as shown on the approved plan, there will be no adverse impact on the wetlands.

Vote: 4 to 0.

Voting were: Breslin, Smith, Gaw, Hathaway.

Unanimous approval.





2. 48 Old Mill Road, Application #1197 submitted by William VanDoren (RWA) for an IW Permit for timber harvest requiring stream crossings and harvest of trees around periphery of wetlands and along streams –



No one was present to speak on behalf of this application.



Commission members would like the Inland Wetlands Enforcement Officer to contact the applicant, William VanDoren of the Regional Water Authority and Russ Dirienzo of Arcadis to inform them of the work that will be done in the same area and that they should contact each other to coordinate projects.



Commission members proceeded to deliberate. It was moved by Smith and seconded by Hathaway to approve Application #1197 submitted by William VanDoren (Regional Water Authority) for an Inland Wetlands Permit for a timber harvest requiring stream crossings and harvest of trees around periphery of wetlands and along streams located at 48 Old Mill Road and the watershed of Lake Chamberlain, as presented in the application, testimony, and in accordance with the submitted packet entitled, “SCCRWA Application to the Bethany, CT IWWA for Stream & Wetland Crossings for Timber Harvesting at 48 Old Mill Road”, dated April 9, 2013, prepared by the applicant and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.



Based on the information submitted by the applicant, there should be no adverse impact on the surrounding wetlands and/or Lake Chamberlain.

Vote: 4 to 0.

Voting were: Breslin, Smith, Gaw, Hathaway.

Unanimous approval.





3. 619 Bethmour Road, Application #1198 submitted by Seth and Susan Harkness for an Inland Wetlands Permit to construct a residential site development –



No one was present to speak on behalf of this application.



Commission member discussed and proceeded to deliberate.



It was moved by Gaw and seconded by Hathaway to approve Application #1198 submitted by Seth and Susan Harkness for an Inland Wetlands Permit for a residential site development located at 619 Bethmour Road as presented in the application, testimony, and in accordance with the following submitted plans prepared by John Paul Garcia & Associates, Bethany, Connecticut:

a) “Proposed Site Plan prepared for Seth Harkness, 619 Bethmour Road”, dated April 16, 2013, revised to May 6, 2013, Drawing No. C-1.

b) “Typical Details prepared for Seth Harkness, 619 Bethmour Road”, dated July 25, 2012, revised to May 6, 2013, Drawing No. C-2.



In addition, this permit is subject to the following condition including the standard conditions found on the Land Records Volume 93, Page 802 and Page 803:

a) Sedimentation and erosion controls to be installed as shown on the plan and inspected by the Inland Wetlands Enforcement Officer.



Based on this condition, there should be minimal or no adverse impact on the onsite or adjoining wetlands.

Vote: 4 to 0.

Voting were: Breslin, Smith, Gaw, Hathaway.

Unanimous approval.





4. Bethridge and Old Mill Road, Application #1199 submitted by the Town of Bethany for and Inland Wetlands Permit for drainage improvements -



No one was present to speak on behalf of this application.



Chair Breslin asked the Inland Wetlands Enforcement Officer to communicate to the Bethany Public Works Director the amount of activity that is planned for this area (Chemtura, RWA).



Also, Chair Breslin praised the Town for communicating with the Commission on this project and thanked them for working with the Commission.



Commission members discussed and proceeded to deliberate.



It was moved by Smith and seconded by Hathaway to approve Application #1199 submitted by the Town of Bethany for an Inland Wetlands Permit for drainage improvements located at Bethridge Road and Old Mill Road as presented in the application, testimony, and in accordance with the submitted plan entitled, “Town of Bethany, CT, Bethridge Road Drainage Repairs, Bethany, CT 06524”, dated April 15, 2013, with no revisions prepared by Mesa Excavation & Paving, Inc., Bethany, Connecticut, and this approval is subject to the standard conditions found on the Land Records Volume 93, Page 802 and 803.

Vote: 4 to 0.

Voting were: Breslin, Smith, Gaw, Hathaway.

Unanimous approval.





5. Discussion with David Puzone, regarding 33 Deerfield Lane, development of property –



Chair Breslin stated that she did not draft letter as previously discussed at the April 22, 2013 regular meeting but will. Tabled.



6. 185 Beacon Road, Discussion with Daniel Cusano regarding non-permitted barn –



The Commission received a Letter from Roman Mrozinski, Southwest Conservation District, dated November 25, 2012, Re: Site Visit comments and recommendations for Cusano Property, 185 Beacon Road. The Commission members would like some time to review the letter. Tabled.



7. Continuation of Show Cause Hearing regarding Town of Bethany drainage repairs conducted in a regulated area without an Inland Wetlands Permit –



Anthony Court needs to be revisited. Need to check back with Member Sullivan. Tabled.



8. Update on appeal submitted by James Woodward for 46 Mesa Drive – No update. Tabled.



9. Discussion in regard to amendments to the Inland Wetlands Regulations per State of CT – Member Sullivan is working on updating the regulations. Tabled.





APPROVAL OF MINUTES



1. It was moved by Hathaway and seconded by Smith to approve, as submitted, the minutes of the April 22, 2013, Regular Meeting.

Voting were: Breslin, Smith, Hathaway, Gaw.

Unanimous approval.





CORRESPONDENCE



1) Letter from Isabel Kearns, IWEO, to Mr. Mrs. Alan Clement of 290 Amity Road, dated April 23, 2013, Re: Sample copy of a “Declaration of Conservation Restrictions” for filing on the Land Records.

2) Letter from Isabel Kearns, IWEO, to Mr. Mrs. Alan Clement of 290 Amity Road, dated May 20, 2013, Re: Cease and Desist Order for cutting of trees, Show Cause Hearing, May 28, 2013, 292 Amity Road.

3) Letter from Isabel Kearns, IWEO, to Mr. Mrs. Stephen Gombos of 292 Amity Road, dated May 20, 2013, Re: Cease and Desist Order for cutting of trees, Show Cause Hearing, May 28, 2013, 292 Amity Road.

4) Letter from Roman Mrozinski, Southwest Conservation District, dated November 25, 2012, Re: Site Visit comments and recommendations for Cusano Property, 185 Beacon Road.

5) Letter from Roman Mrozinski, Southwest Conservation District, dated November 19, 2012, Re: Site Visit comments and recommendations for the Bethany West Park, 265 Beacon Road.



PUBLICATIONS AND WORKSHOPS



1. Connecticut DEEP’s Training for Municipal Inland Wetlands Agencies.

2. Southwest Conservation District Newsletter, Spring 2013.





ENFORCEMENT OFFICER REPORTS



No report.



SCHEDULE SITE VISITS



Commission members would like to visit the property located at 74 Amity Road. A site visit date of June 10 or June 17, 2013, at 6 p.m. was decided on. The clerk will email Commission members to decide which date would work better for all.





ADJOURNMENT



There being no further business to come before the Commission, it was moved by Gaw and seconded by Hathaway to adjourn the regular meeting at 9:23 p.m. Unanimous approval.



Respectfully submitted,







Antonia R. Marek, Clerk

f

  
Page 1 of 6
BOARD OF FINANCE


SPECIAL MEETING

JUNE 6, 2013

Page 1 of 2

Attendance: Chairman Janet Brunwin, John Grabowski, Robert Brinton Jr., Aileen Magda, First Selectwoman Derrylyn Gorski



Visitors: Sharon Huxley, David Forman



Chairman Brunwin called the meeting of the Board of Finance to order at 7:00 pm. The meeting was held in the Conference Room of the Bethany Town Hall.



APPROVAL OF MINUTES

Chairman Brunwin called for a motion of approval for the minutes of the meeting of May 8, 2013. The motion was moved by Aileen Magda and seconded by Robert Brinton Jr. There were no changes to the minutes. The vote was called. The vote of approval was unanimous.



Chairman Brunwin called for a motion of approval for the minutes of the meeting of May 14, 2013. The motion was moved by Robert Brinton Jr. and seconded by John Grabowski. There were no changes to the minutes of that meeting. The Chairman called the vote. The vote taken was unanimous.



Chairman Brunwin called for a motion of approval for the minutes of the meeting of May 20. Motion moved by John Grabowski and seconded by Robert Brinton Jr. No changes were made to the minutes. The vote taken was 3 yes votes and 1 abstention that of Aileen Magda as she was absent from that meeting.



TAX COLLECTOR’S SUSPENSE LIST

Tax Collector David Forman was present to request acceptance of the Suspense List that he had prepared. Board members reviewed the list. Robert Brinton Jr. moved a motion that was seconded by John Grabowski to accept the Suspense List as prepared by the Tax Collector David Forman in the amount of $12,342.12. Vote taken was unanimous.



APPOINTMENT OF AUDITOR

Chairman Brunwin distributed a copy of the contract and associated information regarding appointment of an auditing firm for the fiscal year 2012-13 audit. After a review Robert Brinton Jr. moved to appoint O’Connor Davies, LLP to do the Town of Bethany audit for fiscal year 2012-13. Motion seconded by John Grabowski. Vote taken was unanimous.



CHAIRMAN’S REPORT

Chairman Brunwin did not attend the Amity Finance Committee meeting, however in information that was forwarded to her from that meeting, it appears that the surplus for fiscal year 2012-13 will only be $32,500.



As this was Chairman Brunwin’s last meeting she gave out a list of duties that she had performed in her position as Board of Finance Chairman and indicated that if the new chair person needed assistance she was willing to help.





REPORT OF THE FIRST SELECTWOMAN

First Selectwoman Gorski went over the revenues to be received by the Town of Bethany for fiscal year 2013-14, as approved in the Governor’s budget.



A brief discussion took place regarding the possibility of the State of Connecticut mandating that all municipalities adopt a universal set of account numbers for their bookkeeping.



First Selectwoman Gorski presented Chairman Brunwin with a certificate of appreciation for the work she has done during her term of office as Chairman of the Board of Finance.



ADJOURNMENT

Adjournment was called at 7:45 pm after a motion was moved by Aileen Magda and seconded by John Grabowski. The vote taken was unanimous.



Respectfully submitted,





June G. Riley

Clerk, Board of Finance









BOARD OF FINANCE


SPECIAL MEETING

MAY 20, 2013


Present: Chairman Janet Brunwin, Sally Huyser, Chip Spear, John Grabowski, Robert Brinton Jr.

Absent: Aileen Magda

The special Board of Finance meeting of May 20, 2013 was called to order at 9:50 pm by Chairman Brunwin. The meeting was held in the gym of the Bethany Town Hall.

SETTING OF MILL RATE

Motion moved by Sally Huyser and seconded by Robert Brinton Jr. to set the mill rate for fiscal year 2013-14 at 29.60. The vote taken was unanimous.

ADJOURNMENT

The motion of adjournment was moved by Sally Huyser and seconded by Robert Brinton Jr. The vote taken was unanimous.





Respectfully submitted,



June G. Riley

Clerk, Board of Finance







BOARD OF FINANCE


MAY 14, 2013
Attendance: Chairman Janet Brunwin, John Grabowski, Aileen Magda, Chip Spear, Sally Huyser, Robert Brinton Jr., First Selectwoman Derrylyn Gorski




Visitors: John Paul Garcia, Mary Sofair, Sharon Huxley



APPROVAL OF MINUTES

Chairman Janet Brunwin called for a motion of approval for the minutes of April 2, 2013. The motion was moved by Sally Huyser and seconded by Chip Spear. The minutes were then amended and approved on a unanimous vote.



Chairman Janet Brunwin called for a motion of approval for the minutes of the meeting of April 9, 2013. The motion of approval was moved by Chip Spear and seconded by Sally Huyser. The vote was called. There were 5 yes votes and 1 abstention that of Sally Huyser as she was absent from that meeting.



Chairman Janet Brunwin called for a motion of approval for the minutes of the Budget Public Hearing of April 22, 2013. The motion of approval was moved by Chip Spear and seconded by Sally Huyser. The minutes were approved on a unanimous vote.



Chairman Janet Brunwin called for a motion of approval for the minutes of the meeting of May 8, 2013. The motion of approval was moved by Aileen Magda and seconded by Sally Huyser. The vote was called. There were 4 yes votes and 2 abstentions that of John Grabowski and Sally Huyser as they were absent from that meeting.



CHAIRMAN’S REPORT

Chairman Brunwin attended the Amity Financial Committee meeting held recently. She reports that the surplus for Amity as predicted at previous meetings is smaller than expected for fiscal year 2012-13. Information on bonding for the artificial turf was given and a vote was taken on the consensus for doing the project. The bonding would be for 20 years. The field would have to be properly maintained and after 10 years extensive repair would have to be done. Chairman Brunwin and Jamie Stirling , Bethany’s Board of Education member voted no for the project. Approval would require a referendum vote of the three towns.



SCHOOL BUILDING COMMITTEE

Members of the School Building Committee were present to update the Board of Finance on progress of the committee. They were also present to request funding to pay for an estimator to estimate costs of building a stick built addition or a modular addition for Bethany Community School. Following discussion regarding the alternatives between the two types of structure Aileen Magda moved to approve the $4,500 requested by the School Building Committee to pay for an estimator to estimate costs of building a “stick building” addition or a modular addition for Bethany Community School. Sally Huyser seconded the motion. There were 5 yes votes and 1 no vote that of Robert Brinton Jr.

A discussion also took place regarding the importance of a utilization study to be done on use of the present facility.



FIRST SELECTWOMAN DERRYLYN GORSKI

First Selectwoman Gorski reported that $95,000 of FEMA storm related reimbursement has come in. It will be posted into the Miscellaneous Income account.



ADJOURNMENT

Adjournment was called at 8:35 after a motion was moved by Sally Huyser and seconded by John Grabowski. The vote taken was unanimous.





Respectfully submitted,



June G. Riley


Page 1 of 2

BOARD OF FINANCE


SPECIAL MEETING

MAY 8, 2013

Page 1 of 1

Attendance: Chairman Janet Brunwin, Robert Brinton Jr., Chip Spear, Aileen Magda

Visitors: Sharon Huxley, Donald Shea

Chairman Brunwin called the meeting of the Board of Finance to order at 7:03. The meeting was held in the Conference Room of the Bethany Town Hall.

BOARD OF EDUCATION

The Board of Education reported to Chairman Brunwin that the shortfall in their budget for Special Education will be managed within their operating budget.

PUBLIC WORKS

Chairman Brunwin reviewed a budget report of the budget for Public Works. Due to storm damage from last fall the Chairman estimated that the budget overall for Public Works could be over by $244,000. Discussion followed regarding the approximate deficit to this budget. The Board first estimated $250,000. It was suggested by Robert Brinton Jr. that at least $20,000 of the balance in Road Materials of $70,000 should not be spent and put toward this deficit. The Board members present agreed. The expenses for this storm were mainly charged to Contracted Services for the brush removal. Robert Brinton Jr. moved the motion to add to the Call for the Annual Town Meeting a resolution to authorize the Board of Finance to transfer up to $225,000 from unexpended line item accounts and the General Fund to the Public Works budget. Chip Spear seconded the motion. The vote taken was unanimous.

ADJOURNMENT

Adjournment was called at 7:15 pm after a motion was moved by Chip Spear and seconded by Robert Brinton Jr.



Respectfully submitted,



June G. Riley

Clerk, Board of Finance

BOARD OF SELECTMEN


JUNE 10, 2013

Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Steven Thornquist, Selectman Donald Shea. Selectman Shea joined the meeting at 7:45 pm.

Visitors: Attorney Kevin McSherry, Aileen Magda

First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:35 pm. The meeting opened with the Pledge of Allegiance. Check signing was the next order of business. The meeting was held in the Conference Room of the Bethany Town Hall.



APPROVAL OF MINUTES



Motion of approval for acceptance of minutes of May 28, 2013 moved by Steven Thornquist and seconded by First Selectwoman Gorski. Vote tabled in the absence of Selectman Shea .



WEBSTER BANK AGREEMENTS

First Selectwoman Gorski discussed with the Selectmen the bank agreement from Webster Bank received recently. This agreement includes the signature page for check signing. In reading over the agreement several questions were raised. Attorney McSherry will review the agreement and make modifications where necessary to comply with municipal standards. Approval was tabled until the modifications have been made.



TAX REFUNDS

Motion moved by Selectman Shea and seconded by Selectman Thornquist to refund to Gail Spahn the

sum of $101.85 and to Michael Blaskey the sum of $5.69 for overpayment of taxes. Unanimous vote of

approval.



TAX DEFERRAL

A motion was moved by Selectman Shea and seconded by Selectman Thornquist to approve the tax

deferral as requested by Edward Stien and recommended by Tax Collector David Forman per Connecticut Statute 12-174. Unanimous vote of approval.



LEGISLATIVE SESSION UPDATE



First Selectwoman Gorski gave the Board of Selectmen an update on the recent Legislative session. The Town of Bethany will receive $74,000 more in State of Connecticut grants then originally proposed in the Governor’s budget.



The bill for equalizing car taxes throughout the State did not pass at this session.



There is a movement to develop a uniform accounting system for Towns and Boards of Educations within the next year.



ADDITION TO THE AGENDA



Selectman Thornquist moved to add Waiving of Bidding process for Airport Hangar to the agenda of this meeting. The motion was seconded by Selectman Shea. The vote taken was unanimous.



WAIVING OF BIDDING PROCESS FOR AIRPORT HANGAR



Selectman Thornquist move to waiving the bidding process for the Airport Hangar project and to use the State of Connecticut pre-approved construction bid list. Selectwoman Shea seconded the motion. The vote taken was unanimous.



SWEARING IN CEREMONY DATE SET



First Selectwoman Gorski announced that the swearing in ceremony will take place June 29, 2013 at 11:00 am in the Bethany Town Hall gym. The Boy Scouts and Girl Scouts will participate in this ceremony.



ADJOURNMENT



The motion of adjournment was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.



WITHDRAWAL OF MOTION FOR ADJOURNMENT



The motion of adjournment was withdrawn by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.



VOTE FOR APPROVAL OF MINUTES



First Selectwoman Gorski called for a vote of approval for the minutes of the meeting of May 28, 2013. The vote taken was unanimous.



ADJOURNMENT



The motion of adjournment was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.



Respectfully submitted



June G. Riley

Secretary, Board of Selectmen

BOARD OF SELECTMEN


JUNE 24, 2013

Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Steven Thornquist, Selectman Donald Shea



Visitors: Attorney Kevin McSherry, Aileen Magda



First Selectwoman Gorski called the meeting to order at 7:43 pm. The meeting was held in the Conference Room of the Bethany Town Hall. The meeting opened with the Pledge of Allegiance. The accounts payable checks were signed.



APPROVAL OF MINUTES

The motion of approval was moved by Selectman Shea and seconded by Selectman Thornquist to approve the minutes of the June 10, 2013 meeting of the Board of Selectmen. The minutes were then approved on a unanimous vote without change.



TAX REFUNDS

First Selectwoman Gorski called for a motion to approve Tax Refunds. The motion was moved by Selectman Shea and seconded by Selectman Thornquist to approve tax refund to Nissan Infiniti, LT. for $227.46 for overpayment of taxes. Unanimous vote of approval taken .



CONNECTICUT DRUG AND ALCOHOL TESTING CONSORTIUM

First Selectwoman Gorski called for a motion to approve the Connecticut Drug and Alcohol Testing Consortium. The motion was moved by Selectman Thornquist and seconded by Selectman Shea to approve the Connecticut Drug and Alcohol Testing Consortium Drug and Alcohol Testing Policy dated July 1, 2013. Unanimous vote of approval to accept the agreement was taken.



CLOVER NOOK FARM, LLC AGREEMENT

Approval of The Clovernook Farm, LLC and Town of Bethany agreement was moved by Selectman Thormquist and seconded by Selectman Shea. The Board of Selectmen voted unanimously to accept the agreement. This agreement will be placed on the land records.



ADDITION TO AGENDA

Motion moved by Selectman Thornquist to add to the agenda of this meeting Appointments to Boards and Commissions. Motion seconded by Selectman Shea. Unanimous vote of approval was taken.



APPOINTMENTS TO INLAND WETLANDS

A motion to appoint Brian Smith, Sandy Breslin and Kristine Sullivan as full members of the Inland Wetlands Commission for a full three year term beginning July 1, 2012 was moved by Selectman Thornquist and seconded by Selectman Shea. Vote taken was two yes votes and one abstention, that of Selectman Shea.



A motion was moved by Selectman Thornquist to appoint Eric Verab and Mig Halpin as alternate members of the Inland Wetland Commission starting July 1, 2012 for a three year term. The motion was seconded by Selectman Shea. The vote taken was two yes votes and one no vote that of Selectman Shea.







-ADDITION TO AGENDA

Selectman Thornquist moved to add Revision to Personnel Policy to the agenda. The motion was seconded by Selectman Shea. The vote taken was unanimous.



REVISION TO PERSONNEL POLICY

Selectman Thornquist moved to revise the Town of Bethany Personnel Policy to agree with Federal guidelines of one year of service for eligibility for pension plan and to formalize historical 8% contribution. The vote for this revision was unanimous.



EXECUTIVE SESSION

A motion to move into executive session at 8:05 was moved by Selectman Thornquist and seconded by Selectman Shea and to invite Aileen Magda and Attorney McSherry to stay for the session. The vote taken was unanimous.



A motion to move out of executive session was moved by Selectman Shea and seconded by Selectman Thornquist. A unanimous vote of approval was taken.



No formal votes were taken during the executive session.



ADJOURNMENT

The motion of adjournment moved by Selectman Thornquist and seconded by Selectman Shea to adjourn the meeting at 8:20 pm. Unanimous approval.



Respectfully submitted,



June G. Riley

Secretary, Board of Selectmen







BOARD OF SELECTMEN


MAY 13, 2013

Page 1 of 2

Attendance: First Selectwoman Derrylyn Gorski, Selectman Steven Thornquist, Selectman Donald Shea



Visitors: Attorney Kevin McSherry, Aileen Magda



First Selectwoman Derrylyn Gorski called the meeting of the Board of Selectmen to order at 7:40 pm. The meeting was held in the Conference Room of the Bethany Town Hall. The meeting opened with the Pledge of Allegiance. The Selectmen signed the payroll and accounts payable checks as the first order of business.



APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion of approval for the minutes of the previous meeting of April 8, 2013. The motion of approval was moved by Selectman Shea and seconded by Selectman Thornquist. The minutes were approved on a unanimous vote.



TAX REFUNDS

Selectman Shea moved to refund to Ronald & Dianna Saracino the sum of $9.56, to Stephen Languerand the sum of $204.55 and to VW Credit Leasing the sum of $58.90 all for overpayment of taxes. The motion was seconded by Selectman Thornquist. The vote taken was unanimous.



BETHANY COMMUNITY SCHOOL NURSE

The school nurse at Bethany Community School gave a brief report to First Selectwoman Gorski, regarding the statements recently made at the School Building Committee meeting regarding the health of teachers and students in those annexes each day. She reports that there are more children using inhalers and on medication for breathing in the lower grades in the main building than in the annexes. Testing that has been done on the annexes has shown the air quality to be very good.



GORDON CARRINGTON MONUMENT

The Selectmen received a letter from Edith Carrington regarding the moving of the Gordon Carrington Monument. The monument was damaged during snow removal last winter. It had been suggested that the monument might be moved from its present location up closer to the Town Hall. It is the consensus of the Carrington family that the monument should remain at its present location after repair.



SIGN CALL FOR ANNUAL TOWN MEETING

The Selectmen signed the call for the Annual Town Meeting of May 20, 2013.



CORRESPONDENCE

Correspondence was received from Rob White, a member of the School Building Committee, regarding the June 1, 2013 reporting deadline set by the Board of Selectmen for that committee. He is requesting to be put on the agenda of the Board of Selectmen’s meeting of May 28, 2013.



First Selectwoman Gorski received a request for a three way stop at Hatfield Hill Road and Downs Road. This request will be forwarded to Trooper Merriam for further investigation to see if an additional stop sign is recommended for this location.





LIONS CLUB DAY OF SHREDDING

The Bethany Lions Club would like to hold another day of shredding at the Recycling Center on October 19, 2013. A motion was moved by Selectman Thornquist and seconded by Selectman Shea to approve this request. The vote taken was unanimous.



ADJOURNMENT

Adjournment was called at 7:55 after a motion was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.



Respectfully submitted,





June G. Riley

Secretary, Board of Selectmen

BOARD OF SELECTMEN


MAY 28, 2013
Attendance: First Selectwoman Derrylyn Gorski, Donald Shea, Steven Thornquist




Visitors: John Paul Garcia, Mary Sofair, Robert White , Rob White , Aileen Magda, Namita Wijesekera, Stephen Gombos



First Selectwoman Gorski called the meeting of the Board of Selectmen to order at 7:35 pm. The meeting opened with the Pledge of Allegiance. Check signing was the next order of business. The meeting was held in the Conference Room of the Bethany Town Hall.



APPROVAL OF MINUTES

First Selectwoman Gorski called for a motion of approval for the minutes of the meeting of May 13, 2013. The motion of approval was moved by Selectman Shea and seconded by Selectman Thornquist. The vote taken was unanimous.



APPOINTMENT TO AIRPORT HANGAR RESTORATION COMMITTEE

Selectman Thornquist moved to appoint Janet Brunwin to the Airport Hangar Restoration Committee. First Selectwoman Gorski seconded the motion. The vote was called. There were two yes votes. There was one no vote that of Selectman Shea.



APPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION

First Selectwoman Gorski has appointed Robert Rogers to the Economic Development Commission under the authority of the First Selectman.



SCHOOL BUILDING COMMITTEE REPORT

Rob White gave an updated report to the Board of Selectmen on the progress of the School Building Committee, per the charge of that committee given to them upon their appointment to that committee, to report by June 1, 2013. The Selectmen discussed the deadline for reporting to the State of Connecticut of June 30, 2013 regarding reimbursement for the school building project. More information is still needed from the State of Connecticut on this issue. The Committee members present agreed to report to the Board of Selectmen monthly on progress of the project. Following further discussion Selectman Thornquist move a motion that the charge of the School Building Committee be amended and that the School Building Committee would report back to the Board of Selectmen by September 9, 2013. Selectman. Selectman Shea seconded the motion. The vote taken was unanimous.



OTHER

Stephen Gombos was present at the Board of Selectmen meeting to discuss with the Selectmen, a problem he had been having resulting from a complaint called in to the Planning and Zoning office by an anonymous caller, regarding his property on Amity Road. He had attended the Inland Wetlands meeting prior to his attendance at this meeting and he felt the problem was being addressed fairly.



ADJOURNMENT

Adjournment was called at 8:55 pm. The motion of adjournment was moved by Selectman Thornquist and seconded by Selectman Shea. The vote taken was unanimous.



Respectfully submitted,



June G. Riley

Secretary, Board of Selectmen


Page 1 of 1

BETHANY BOARD OF SELECTMEN




MINUTES OF MEETING: Monday July 8, 2013 [draft]

Time: 7:30 p.m.

Location: Bethany Town Hall, Selectman’s Conference Room



Members in attendance:

Derrylyn Gorski, First Selectman

Don Shea, Selectman

Aileen Magda, Selectman



Staff: Kevin McSherry, Town Attorney arrived at 8:00 p.m.

Karen Hubbell, Acting Clerk



Absent: None





The meeting was called to order at 7:35 p.m.



The Minutes from the June 24, 2013 meeting were approved with the following corrections made by Don Shea:

Don Shea motioned to approve, Derrylyn Gorski seconded. Aileen did not vote as she was not a member of the Board when the meeting took place.



New Business:



The following positions were appointed by the Board as follows:

Assessor: Mario Panagrosso motioned by D. Shea, seconded by D. Gorski. Unanimous



Cemetery Committee: Willilam Brinton & Steven Thornquist. Motioned by D. Shea, seconded by A. Magda. Unanimous approval.



Conservation Commission: Dorothy Seaton, Alternate, courtesy notification to B.O.S of appointment by First Selectwoman Motioned by A. Magda, seconded by D. Shea. Unanimous approval.



Constable: Jason Agvent, Mark Sheppard & Mark Jazwinski. Motioned by A. Magda, seconded by D. Shea. Unanimous approval.



Fire Police: Tom Hunt, Tom Hicks & Les Warner. Motioned by D. Shea, seconded by A. Magda. Unanimous approval.



Park & Rec: Board of Selectmen is looking into new members.



Agent for the Elderly: Jeanne DelVecchio. Motioned by D. Shea, seconded by A. Magda. Unanimous approval.



Town Council: Kevin McSherry. Motioned by D. Shea, seconded by A. Magda. A. Magda voted no, D. Shea abstained. Motioned passed by D. Gorski as per Town Ordinance.



Tree Warden: Ray Pantelone. Motioned by D. Shea, seconded by A. Magda. Unanimous.



Deputy Emergency Management Director: Clark Hurlburt & Mike Katzmark. Motioned by D. Shea, seconded by A. Magda. Unanimous approval.







Veterans Memorial Park Pavilion: A motion for a refundable deposit of $25.00 for rental of the Pavilion was made. The deposit would serve as a deterrent for any renter to not dispose of garbage, decorations or any other items brought for a function in the provided dumpster. Motioned by D. Shea, seconded by A. Magda. Unanimous approval.



A. Magda motioned to make every effort to audio tape the Board of Selectman meetings as well as the Board of Finance sharing the Land Use Commissions equipment. Seconded by D. Shea. Unanimous approval.



A. Magda motioned to purchase audio recording equipment comparable to the equipment used by the Land Use Commissions. Seconded by D. Shea. Unanimous approval.



Discussions:

1. Requesting funds from the Board of Finance for audio recording equipment.

2. Creating a bipartisan Charter Commission to develop a Town Charter with an 18 month appointment.







Derry Gorski entertained a motion to adjourn the meeting at 8:30. Don Shea moved the motion & Aileen Magda seconded. Unanimously approved.





Respectively submitted









Karen Hubbell



MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY,  MAY 1, 2013                               The regular meeting of the Planning and Zoning Commission was called to order at 7:01 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.




The following Commission Members were present:

Melissa Spear, Chair

Mary Shurtleff, Vice-Chair

Michael Calhoun, Member

Kimberly McClure Brinton, Member

Patricia Winer, Member

Nellie Rabinowitz, Alternate Member

Donna Shea, Alternate Member



Also present were:

Isabel Kearns, Zoning Enforcement Officer

Karen Hubbell, Assistant Zoning Enforcement Officer

Hiram Peck, Planning Consultant

Kevin McSherry, Town Attorney



APPROVAL OF MINUTES



1. It was moved by Winer and seconded by Brinton to approve the minutes of the April 3, 2013, Regular Meeting with the following correction:

• Page 5, Fourteenth bullet – Move Louise Harter of 64 Meyers Road. (submitted six graphics – Exhibit 25) to paragraph of residents who spoke in favor of the proposed amendment.

Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.

Unanimous approval.



2. It was moved by Shurtleff and seconded by Calhoun to approve, as submitted, the minutes of the April 17, 2013, Special Meeting/Hearing Continuation.

Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.

Unanimous approval.



BILLS



1. It was moved by Shurtleff and seconded by Calhoun to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for April 2013, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.

Unanimous approval.



2. It was moved by Calhoun and seconded by Winer to approve the payment of a bill for $95.00, dated April 3, 2013, from Anne Sohon for recording services for the public hearing (Green Haven, Zoning Amendment).

Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.

Unanimous approval.



GENERAL CORRESPONDENCE



1. Letter from Quinnipiack Valley Health District, dated April 29, 2013, Re: Comments on Application #2013-009, proposed barbershop, 696 Amity Road, Unit A4, with attached letter from Quinnipiack Valley Health District, dated April 12, 2013 to Mirian Echevarria.

2. Letter from Quinnipiack Valley Health District, dated April 25, 2013, Re: Comments on Application #2013-011, proposed automotive repair, 87 Old Amity Road.

3. Memo from Mark Glazer owner of 696 Amity Road, Unit 4B, submitted April 30, 2013, Re: Explanation of business, The Mobile Consignment Shop, 696 Amity Road, Units 4B, 5B, and 6B.

4. Letter from South Central Connecticut Regional Water Authority, dated April 30, 2013, Re: No comment on application for Consignment Shop, ecommerce business, 696 Amity Road, Units 4B, 5B, and 6B.

5. Letter from South Central Connecticut Regional Planning Commission, dated April 12, 2013, Re: Review of Town of Prospect: Proposed Zoning Regulation Amendment to Section 2.4.4 – Expansion of Nonconforming Structure.



PUBLICATIONS AND WORKSHOPS



1. Clearscapes, A newsletter of the Center for Land Use Education and Research at the University of Connecticut, Winter 2013.

2. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2013.





ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION



Isabel Kearns, ZEO. No report at this time.



NEW BUSINESS



1. 696 Amity Road, Unit A-4, Application #2013-009 submitted by Mirian Echerarria for a Change of Use Permit to operate a barbershop –



The Commission formally received the application. No one was present to speak on behalf of this application.



The Commission received a letter from Quinnipiack Valley Health District, dated April 29, 2013, denying the application at this time.



Isabel Kearns, ZEO, will speak to Quinnipiack Valley Health District and report back to Commission.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.



2. 567 Carrington Road, Application #2013-010 submitted by Carol Lambiase for a Home Occupation Permit to operate an office for an arborist business –



The Commission formally received the application. Present to speak on behalf of this application was Carol Lambiase, applicant and owner of record.



Commission members reviewed the application file, discussed and proceeded to deliberate.



It was moved by Shurtleff and seconded by Calhoun to approve the following resolution for Application #2013-010:



Whereas, Carol Lambiase, owner of 567 Carrington Road, applied to the Planning and Zoning Commission on May 1, 2013, for a home occupation permit to operate a home office for an arborist business at 567 Carrington Road;



Whereas, the Commission, at its regular meeting of May 1, 2013, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;



Now Therefore, the Commission makes the following findings of fact and decision regarding this application:



1) Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on April 22, 2013, indicating her approval.

2) Rod White, Fire Marshal, signed off on the back of the application form on April 22, 2013, indicating his approval.



Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Carol Lambiase to operate an office for an arborist business at 567 Carrington Road, as outlined in the Statement of Use.

Vote 5 to 0.

Voting for: Spear, Shurtleff, Winer, Brinton, Calhoun.

Unanimous approval.





3. 87 Old Amity Road, Application #2013-011 submitted by Robert Weidig for an Additional Use Permit and a Site Plan Modification for a Used Car Dealership –



The Commission formally received the application. No one was present to speak on behalf of this application.



Commission members reviewed the application file, discussed and proceeded to deliberate.



It was moved by Shurtleff and seconded by Brinton to approve the following resolution for Application #2013-011:



Whereas, the owner of the property, Claire Jennings, in an e-mail dated April 18, 2013, authorized Robert Weidig to apply to the Planning and Zoning Commission for the necessary land-use permits to allow a used-car dealership and repair facility to operate from 87 Old Amity Road, as well as an attached 5-foot by 5-foot sign;



Whereas, Robert Weidig applied on May 1, 2013 to the Bethany Planning and Zoning Commission for a site plan modification and additional use for a used car dealership (10 cars maximum) and a repair facility, as well as an attached 5-foot by 5-foot sign permit at 87 Old Amity Road;



Whereas, at its regular meeting of May 1, 2013, the Commission considered the plans, testimony, statement of use and other pertinent application information relating to this site plan modification and an additional use for a used car dealership (10 cars maximum) and a repair facility, as well as an attached 5-foot by 5-foot sign permit at 87 Old Amity Road;



Now Therefore, the Commission makes the following findings of fact and decision regarding this application:



1) The property is not located with a Public Water Supply Watershed Area.

2) The Zoning Board of Appeals issued a Certificate of Approval for Location of a Motor Vehicle Dealer and Repairer at 87 Old Amity Road on April 8, 2013.

3) Roderick White, Fire Marshal, signed off on the back of the application form on May 1, 2013, indicating his approval of this application.

4) Lynn Fox, Quinnipiack Valley Health District Representative, submitted a letter with comments, dated April 25, 2013, indicating approval.



Now Therefore Be It Resolved, that pursuant to Sections 5.2.B.1, 5.3.h.3.b. and 7.3 of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the site plan modification and additional use for a used car dealership (10 cars maximum) and a repair facility, as well as an attached 5-foot by 5-foot sign permit at 87 Old Amity Road, as presented in the application, statement of use and testimony and as per the plan that was originally approved by the Commission on May 2, 2012, which at that time did not include the parking of cars for sale and with the following conditions:

1) Zoning Board of Appeals approval is for locational approval.

2) Applicant shall follow the comments listed in the letter from Quinnipiack Valley Health District, dated April 25, 2013.

3) The Zoning Enforcement Officer is authorized to approve the sign in conformance with the Bethany Zoning Regulations.

Vote 5 to 0.

Voting for: Spear, Shurtleff, Winer, Brinton, Calhoun.

Unanimous approval.







4. Discussion with ZEO regarding signage at Airport Property – Tabled.





5. 696 Amity Road, Units 3B, 4B, and 5B, Application #2013-012 submitted by The Mobile Consignment Shop LLC, for a Change of Use to operate an office for an eBay business –



The Commission formally received the application. No one was present to speak on behalf of this application.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.





6. Application #2013-013 submitted by Anthony Esposito for various zoning amendments –



The Commission formally received the application. Present to speak on behalf of this application was Anthony Esposito.



The Commission would like to review and have Staff review before scheduling a public hearing.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.





OLD BUSINESS



1) Green Haven, Inc., Application #2013-007 to amend the Bethany Zoning Regulations to add a new Section 23 titled Bethany Open Space Housing District (OSHD) –



Member Patricia Winer recused herself. Alternate Member Donna Shea was seated as a voting member.



Hiram Peck, Town Planner, prepared a draft resolution and distributed to Commission members.



Commission members discussed, commented individually and proceeded to deliberate. (Individual comments on clerk’s recording.)



It was moved by Calhoun and seconded by Shurtleff to approve the following resolution for Application #2013-007:



The Planning and Zoning Commission, in accordance with all applicable statutes and regulations, held a public hearing which opened on April 3, 2013, and closed on April 17, 2013, and took all testimony as required by law; and



The Planning and Zoning Commission has now considered the above referenced application at its meeting of May 1, 2013, and hereby takes the following action:



WHEREAS, the applicant Green Haven, Inc. has submitted a complete application along with information, and documentation at the Commission’s first public hearing session which included a draft Zoning Regulation amendment for an Open Space Housing District which was proposed to be Section 23 of the Bethany Zoning Regulations; and



WHEREAS, in response to comments made at the first session of the public hearing the applicant made several revisions to the proposed amendment, including revisions to:

1. The number of units per building.

2. The definition of Open Space.

3. The maximum size (number of units) in any single OSHD project.

4. The location of an OSHD to be only in an Housing Opportunity Development Zone.

5. The inclusion of the concept of an overlay zoning district.

6. The average number of bedrooms proposed per unit.

7. The addition that at least 15% of the homes be designed for the elderly.

8. The proposed coverage downward from 15% to 8%.

9. A clarification that lighting intensity be required to be approved by the Commission.

10. A revision to the requirement that all utilities be placed underground.

WHEREAS, the Commission has heard and considered all the testimony at both sessions of the public hearing and has reviewed all materials submitted by all parties; and



WHEREAS, the Commission finds that the application has changed significantly in several ways; it cannot be considered the same regulation that was originally submitted; and



WHEREAS, the Commission does have legislative authority in the matter of a zoning amendment where it can make “reasonable, related modifications to a proposal”, the Commission finds in this case that the revisions are too broad to be considered in such a light; and



WHEREAS, the Commission also notes that the original proposal could have been applied to more than one property in Bethany, while the final form of the proposed amendment could only be adopted for one location and that in itself is a substantial change in the proposed regulation.



THEREFORE BE IT RESOLVED, that application 2013-007 for an amendment to the Bethany Zoning Regulations to add a new Section 23, titled Bethany Open Space Housing District (OSHD) as submitted by Green Haven, Inc, is hereby denied without prejudice.

Vote 5 to 0.

Voting for: Spear, Shurtleff, Brinton, Calhoun, Shea.

Unanimous approval.



2) Continue discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc. - Tabled.





3) Continue discussion on Village Districts – Tabled.





4) Discuss increasing application fees – Tabled.





There being no further business to come before the Commission, it was moved by Brinton and seconded by Calhoun to adjourn the regular meeting at 7:50 p.m. Unanimous approval.



Respectfully submitted,





Antonia R. Marek, Clerk

For the Planning and Zoning Commission







                    
Page 1 of 7
MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, MAY 1, 2013 Page 1 of 7




The regular meeting of the Planning and Zoning Commission was called to order at 7:01 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.



The following Commission Members were present:

Melissa Spear, Chair

Mary Shurtleff, Vice-Chair

Michael Calhoun, Member

Kimberly McClure Brinton, Member

Patricia Winer, Member

Nellie Rabinowitz, Alternate Member

Donna Shea, Alternate Member



Also present were:

Isabel Kearns, Zoning Enforcement Officer

Karen Hubbell, Assistant Zoning Enforcement Officer

Hiram Peck, Planning Consultant

Kevin McSherry, Town Attorney



APPROVAL OF MINUTES



1. It was moved by Winer and seconded by Brinton to approve the minutes of the April 3, 2013, Regular Meeting with the following correction:

• Page 5, Fourteenth bullet – Move Louise Harter of 64 Meyers Road. (submitted six graphics – Exhibit 25) to paragraph of residents who spoke in favor of the proposed amendment.

Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.

Unanimous approval.



2. It was moved by Shurtleff and seconded by Calhoun to approve, as submitted, the minutes of the April 17, 2013, Special Meeting/Hearing Continuation.

Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.

Unanimous approval.



BILLS



1. It was moved by Shurtleff and seconded by Calhoun to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for April 2013, by Hiram W. Peck III, AICP, Planning Consultant.

Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.

Unanimous approval.



2. It was moved by Calhoun and seconded by Winer to approve the payment of a bill for $95.00, dated April 3, 2013, from Anne Sohon for recording services for the public hearing (Green Haven, Zoning Amendment).

Voting for: Spear, Shurtleff, Winer, Calhoun, Brinton.

Unanimous approval.



GENERAL CORRESPONDENCE



1. Letter from Quinnipiack Valley Health District, dated April 29, 2013, Re: Comments on Application #2013-009, proposed barbershop, 696 Amity Road, Unit A4, with attached letter from Quinnipiack Valley Health District, dated April 12, 2013 to Mirian Echevarria.

2. Letter from Quinnipiack Valley Health District, dated April 25, 2013, Re: Comments on Application #2013-011, proposed automotive repair, 87 Old Amity Road.

3. Memo from Mark Glazer owner of 696 Amity Road, Unit 4B, submitted April 30, 2013, Re: Explanation of business, The Mobile Consignment Shop, 696 Amity Road, Units 4B, 5B, and 6B.

4. Letter from South Central Connecticut Regional Water Authority, dated April 30, 2013, Re: No comment on application for Consignment Shop, ecommerce business, 696 Amity Road, Units 4B, 5B, and 6B.

5. Letter from South Central Connecticut Regional Planning Commission, dated April 12, 2013, Re: Review of Town of Prospect: Proposed Zoning Regulation Amendment to Section 2.4.4 – Expansion of Nonconforming Structure.



PUBLICATIONS AND WORKSHOPS



1. Clearscapes, A newsletter of the Center for Land Use Education and Research at the University of Connecticut, Winter 2013.

2. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2013.





ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION



Isabel Kearns, ZEO. No report at this time.



NEW BUSINESS



1. 696 Amity Road, Unit A-4, Application #2013-009 submitted by Mirian Echerarria for a Change of Use Permit to operate a barbershop –



The Commission formally received the application. No one was present to speak on behalf of this application.



The Commission received a letter from Quinnipiack Valley Health District, dated April 29, 2013, denying the application at this time.



Isabel Kearns, ZEO, will speak to Quinnipiack Valley Health District and report back to Commission.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.



2. 567 Carrington Road, Application #2013-010 submitted by Carol Lambiase for a Home Occupation Permit to operate an office for an arborist business –



The Commission formally received the application. Present to speak on behalf of this application was Carol Lambiase, applicant and owner of record.



Commission members reviewed the application file, discussed and proceeded to deliberate.



It was moved by Shurtleff and seconded by Calhoun to approve the following resolution for Application #2013-010:



Whereas, Carol Lambiase, owner of 567 Carrington Road, applied to the Planning and Zoning Commission on May 1, 2013, for a home occupation permit to operate a home office for an arborist business at 567 Carrington Road;



Whereas, the Commission, at its regular meeting of May 1, 2013, considered the statement of use, narrative, testimony and other pertinent application information relating to this home occupation application;



Now Therefore, the Commission makes the following findings of fact and decision regarding this application:



1) Lynn Fox, Quinnipiack Valley Health District Representative, signed off on the back of the application form on April 22, 2013, indicating her approval.

2) Rod White, Fire Marshal, signed off on the back of the application form on April 22, 2013, indicating his approval.



Now Therefore Be It Resolved, that pursuant to Section 4.3.D.4.b. of the Town of Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the application of Carol Lambiase to operate an office for an arborist business at 567 Carrington Road, as outlined in the Statement of Use.

Vote 5 to 0.

Voting for: Spear, Shurtleff, Winer, Brinton, Calhoun.

Unanimous approval.





3. 87 Old Amity Road, Application #2013-011 submitted by Robert Weidig for an Additional Use Permit and a Site Plan Modification for a Used Car Dealership –



The Commission formally received the application. No one was present to speak on behalf of this application.



Commission members reviewed the application file, discussed and proceeded to deliberate.



It was moved by Shurtleff and seconded by Brinton to approve the following resolution for Application #2013-011:



Whereas, the owner of the property, Claire Jennings, in an e-mail dated April 18, 2013, authorized Robert Weidig to apply to the Planning and Zoning Commission for the necessary land-use permits to allow a used-car dealership and repair facility to operate from 87 Old Amity Road, as well as an attached 5-foot by 5-foot sign;



Whereas, Robert Weidig applied on May 1, 2013 to the Bethany Planning and Zoning Commission for a site plan modification and additional use for a used car dealership (10 cars maximum) and a repair facility, as well as an attached 5-foot by 5-foot sign permit at 87 Old Amity Road;



Whereas, at its regular meeting of May 1, 2013, the Commission considered the plans, testimony, statement of use and other pertinent application information relating to this site plan modification and an additional use for a used car dealership (10 cars maximum) and a repair facility, as well as an attached 5-foot by 5-foot sign permit at 87 Old Amity Road;



Now Therefore, the Commission makes the following findings of fact and decision regarding this application:



1) The property is not located with a Public Water Supply Watershed Area.

2) The Zoning Board of Appeals issued a Certificate of Approval for Location of a Motor Vehicle Dealer and Repairer at 87 Old Amity Road on April 8, 2013.

3) Roderick White, Fire Marshal, signed off on the back of the application form on May 1, 2013, indicating his approval of this application.

4) Lynn Fox, Quinnipiack Valley Health District Representative, submitted a letter with comments, dated April 25, 2013, indicating approval.



Now Therefore Be It Resolved, that pursuant to Sections 5.2.B.1, 5.3.h.3.b. and 7.3 of the Bethany Zoning Regulations, amended to December 7, 2011, the Bethany Planning and Zoning Commission approves the site plan modification and additional use for a used car dealership (10 cars maximum) and a repair facility, as well as an attached 5-foot by 5-foot sign permit at 87 Old Amity Road, as presented in the application, statement of use and testimony and as per the plan that was originally approved by the Commission on May 2, 2012, which at that time did not include the parking of cars for sale and with the following conditions:

1) Zoning Board of Appeals approval is for locational approval.

2) Applicant shall follow the comments listed in the letter from Quinnipiack Valley Health District, dated April 25, 2013.

3) The Zoning Enforcement Officer is authorized to approve the sign in conformance with the Bethany Zoning Regulations.

Vote 5 to 0.

Voting for: Spear, Shurtleff, Winer, Brinton, Calhoun.

Unanimous approval.







4. Discussion with ZEO regarding signage at Airport Property – Tabled.





5. 696 Amity Road, Units 3B, 4B, and 5B, Application #2013-012 submitted by The Mobile Consignment Shop LLC, for a Change of Use to operate an office for an eBay business –



The Commission formally received the application. No one was present to speak on behalf of this application.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.





6. Application #2013-013 submitted by Anthony Esposito for various zoning amendments –



The Commission formally received the application. Present to speak on behalf of this application was Anthony Esposito.



The Commission would like to review and have Staff review before scheduling a public hearing.



Further discussion and appropriate action on the application was deferred until the Commission’s next regular meeting on Wednesday, June 5, 2013. Tabled.





OLD BUSINESS



1) Green Haven, Inc., Application #2013-007 to amend the Bethany Zoning Regulations to add a new Section 23 titled Bethany Open Space Housing District (OSHD) –



Member Patricia Winer recused herself. Alternate Member Donna Shea was seated as a voting member.



Hiram Peck, Town Planner, prepared a draft resolution and distributed to Commission members.



Commission members discussed, commented individually and proceeded to deliberate. (Individual comments on clerk’s recording.)



It was moved by Calhoun and seconded by Shurtleff to approve the following resolution for Application #2013-007:



The Planning and Zoning Commission, in accordance with all applicable statutes and regulations, held a public hearing which opened on April 3, 2013, and closed on April 17, 2013, and took all testimony as required by law; and



The Planning and Zoning Commission has now considered the above referenced application at its meeting of May 1, 2013, and hereby takes the following action:



WHEREAS, the applicant Green Haven, Inc. has submitted a complete application along with information, and documentation at the Commission’s first public hearing session which included a draft Zoning Regulation amendment for an Open Space Housing District which was proposed to be Section 23 of the Bethany Zoning Regulations; and



WHEREAS, in response to comments made at the first session of the public hearing the applicant made several revisions to the proposed amendment, including revisions to:

1. The number of units per building.

2. The definition of Open Space.

3. The maximum size (number of units) in any single OSHD project.

4. The location of an OSHD to be only in an Housing Opportunity Development Zone.

5. The inclusion of the concept of an overlay zoning district.

6. The average number of bedrooms proposed per unit.

7. The addition that at least 15% of the homes be designed for the elderly.

8. The proposed coverage downward from 15% to 8%.

9. A clarification that lighting intensity be required to be approved by the Commission.

10. A revision to the requirement that all utilities be placed underground.

WHEREAS, the Commission has heard and considered all the testimony at both sessions of the public hearing and has reviewed all materials submitted by all parties; and



WHEREAS, the Commission finds that the application has changed significantly in several ways; it cannot be considered the same regulation that was originally submitted; and



WHEREAS, the Commission does have legislative authority in the matter of a zoning amendment where it can make “reasonable, related modifications to a proposal”, the Commission finds in this case that the revisions are too broad to be considered in such a light; and



WHEREAS, the Commission also notes that the original proposal could have been applied to more than one property in Bethany, while the final form of the proposed amendment could only be adopted for one location and that in itself is a substantial change in the proposed regulation.



THEREFORE BE IT RESOLVED, that application 2013-007 for an amendment to the Bethany Zoning Regulations to add a new Section 23, titled Bethany Open Space Housing District (OSHD) as submitted by Green Haven, Inc, is hereby denied without prejudice.

Vote 5 to 0.

Voting for: Spear, Shurtleff, Brinton, Calhoun, Shea.

Unanimous approval.



2) Continue discussion and possible action to set public hearing date regarding proposed amendments to the Zoning Regulations on accessory buildings, signage for larger parcels, home occupation permits, etc. - Tabled.





3) Continue discussion on Village Districts – Tabled.





4) Discuss increasing application fees – Tabled.





There being no further business to come before the Commission, it was moved by Brinton and seconded by Calhoun to adjourn the regular meeting at 7:50 p.m. Unanimous approval.



Respectfully submitted,





Antonia R. Marek, Clerk

For the Planning and Zoning Commission